U.S. Department of State Country Report on Human Rights Practices 2000 - St. Vincent and the Grenadines

United States Department of State, U.S. Department of State Country Report on Human Rights Practices 2000 - St. Vincent and the Grenadines
, 26 February 2001, available at: http://www.refworld.org/docid/3ae6aaa118.html [accessed 1 April 2015]

Comments

This report is submitted to the Congress by the Department of State in compliance with sections 116(d) and 502(b) of the Foreign Assistance Act of 1961 (FAA), as amended, and section 504 of the Trade Act of 1974, as amended. The law provides that the Secretary of State shall transmit to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate, by February 25 "a full and complete report regarding the status of internationally recognized human rights, within the meaning of subsection (A) in countries that receive assistance under this part, and (B) in all other foreign countries which are members of the United Nations and which are not otherwise the subject of a human rights report under this Act." We have also included reports on several countries that do not fall into the categories established by these statutes and that thus are not covered by the congressional requirement.

Disclaimer

This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

St. Vincent and the Grenadines is a multiparty, parliamentary democracy and a member of the Commonwealth of Nations. A prime minister, a cabinet, and a unicameral legislative assembly compose the Government. The Governor General, appointed by the British monarch, is the titular head of state, with largely ceremonial powers. During the spring, divisive general strikes were settled only because Prime Minister Sir James F. Mitchell, whose New Democratic Party (NDP) had won an unprecedented fourth term in June 1998 by a slim margin, agreed to resign, with elections to be held by March 31, 2001. On October 27, Mitchell resigned, and Arnhim Eustace, an NDP parliamentarian, replaced him. The judiciary is independent.

The Royal St. Vincent Police, the only security force in the country, includes a coast guard and a small Special Services Unit (SSU) with some paramilitary training, that is often accused of using excessive force. The force is controlled by and responsive to the Government, but police continued to commit some human rights abuses.

St. Vincent has a market-based economy. Much of the labor force is engaged in agriculture. Bananas are the leading export and a major source of foreign exchange earnings. However, the banana industry is declining, and the growing tourism sector is becoming the leading earner of foreign exchange. Unemployment is estimated to be 35 percent, and the 1999 per capita gross domestic product was approximately $2,550.

The Government generally respected citizens' human rights; however, there were problems in a few areas. The police SSU was accused of an extrajudicial killing. Other principal human rights problems continued to include occasional instances of excessive use of force by police, the Government's failure to punish adequately those responsible for such abuses, poor prison conditions, and an overburdened court system. Violence against women and abuse of children also were problems.

RESPECT FOR HUMAN RIGHTS

1. Respect for the Integrity of the Person, Including Freedom From:

a. Political and Other Extrajudicial Killing

There were no reports of political killings.

In March the police SSU shot and killed David Browne as they were taking him into custody for building a shack on the grounds of a secondary school. The police said he sustained an accidental but fatal shot to the temple when he resisted arrest. Human rights activists called for an inquiry and claimed that the police SSU used excessive and injudicious force leading to the death.

On December 14, 1999, a police antidrug patrol shot and killed Junior Harry, who they said was fleeing while the patrol conducted a search for narcotics in buildings near the town of Barrouallie. A police spokesman said that Harry was armed with a shotgun. Although the authorities planned to hold an inquest to establish whether police used excessive force, there was no information as to the results of any such inquiry.

b. Disappearance

There were no reports of politically motivated disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The Constitution prohibits torture and other forms of cruel, inhuman, or degrading treatment or punishment. However, regional human rights groups have noted that a high percentage of convictions are based on confessions. One human rights group believes that some of these confessions resulted from unwarranted police practices, including the use of physical force during detention, illegal search and seizure, and failure to inform properly those arrested of their rights.

There is no independent review board to monitor police activity and to hear public complaints about police misconduct. Human rights advocates recommend such a board to protect the rights of citizens who complain about police misconduct.

Prison conditions are poor. Prison buildings are antiquated and overcrowded, with one holding an average of 300 inmates in a building designed for 75, which results in serious health and safety problems. An inmate who wishes to speak with his lawyer must do so by written correspondence, and the authorities sometimes monitor and censor such correspondence.

In July 1999, prisoners rioted and seized control of the prison, protesting poor conditions and treatment. The Government acceded to a number of the prisoners' demands; however, conditions did not change significantly. In the spring, prisoners again demonstrated, and the Government appointed a former SSU commander as the new Superintendent of Prisons. Local human rights activists have acknowledged that he has tried to improve internal communications and training for prison personnel. However, the Government has not implemented any of the recommendations made by a Commission of Inquiry following the July-August 1999 disturbances.

In August identified prisoners whipped another prisoner, burned him with acid, and cut a piece of his ear off with a knife. The assaulted inmate asserted that this action was carried out as punishment when he had not supplied them with drugs after he had been released earlier from jail. Prison officials asserted that police failed to respond to arrest the inmates who had tortured and mutilated this prisoner.

Prison officials expressed frustration with the lack of resources, proper training, personnel, and progress in securing a new facility. The jail is in the center of the capital city with low walls that are accessible to passers-by. Prison guards are known at times to collaborate with prisoners in corrupt and illegal practices. Some guards have been disciplined for engaging in sexual acts with inmates. Reportedly, guards also supply drugs and other contraband or stand by while rough, abusive, or inhuman prison punishment is meted out either by fellow prisoners or other guards.

There is a separate section for female inmates in the prison.

Conditions are inadequate for juvenile offenders. There is a small facility for delinquent boys; however, it is not financed by the Government and depends upon donations. As a result, it is in disrepair and only houses a small number of boys. Youngsters may be charged and convicted as criminals from the age of 8. In such cases, youngsters may then be jailed with older criminals. Although separate legal statutes exist for youthful offenders, there are no separate magistrates, prosecutors, or procedures to handle such cases.

The Government permits prison visits by independent human rights monitors.

d. Arbitrary Arrest, Detention, or Exile

The Constitution provides that persons detained for criminal offenses must receive a fair hearing within a reasonable time by an impartial court. Although there are only two official magistrates, the registrar of the High Court and the presiding judge of the family court effectively serve as magistrates when called upon to do so. While this practice reduced the backlog, complaints continue regarding police practices in bringing cases to court. Some defense attorneys claim that this has caused 6-to 12-month delays in preliminary inquiries for serious crimes.

The Government does not use forced exile.

e. Denial of Fair Public Trial

The Constitution provides for an independent and impartial court, and the judiciary is independent in practice.

The judiciary consists of lower courts and a High Court, with appeal to the Eastern Caribbean Court of Appeal and final appeal to the Privy Council in the United Kingdom. There are three magistrates, as well as one magistrate who serves only the family court.

The Constitution provides for public trials. The court appoints attorneys for indigent defendants only when the defendant is charged with a capital offense. Defendants are presumed innocent until proven guilty and may appeal verdicts and penalties. There is a large backlog of pending cases. In January a fire destroyed offices with records in the magistrates' court. The family court handled some cases, but the backlog increased. The court reopened in September with 1 day per week set aside to handle an increasing workload of drug-related cases. The court docket may average 55-60 cases a day, when reasonably only 5 to 7 may be heard, adjudicated, or disposed.

The Constitution prohibits arbitrary search and seizure or other government intrusions into the private life of individual citizens, and there were no reports of such abuses.

2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Constitution provides for freedom of speech and of the press, and the Government generally respects this right in practice.

There are two major newspapers and numerous smaller, partisan publications; all are privately owned, and most are openly critical of the Government's policies. There were no reports of government censorship or interference with the operation of the press. However, individual journalists believe that government advertising, a significant source of revenue, sometimes is withheld from newspapers that publish articles that are less than favorable to the Government.

The lone television station in St. Vincent is privately owned and operates without government interference. Satellite dishes are popular among those who can afford them. There is also a cable system with mainly North American programming that has over 300 subscribers. The Government controls programming for the government-owned radio station.

The Government does not restrict academic freedom.

b. Freedom of Peaceful Assembly and Association

The Constitution provides for these rights, and the Government respects them in practice.

c. Freedom of Religion

The Constitution provides for freedom of religion, and the Government respects this right in practice.

d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation

The law provides for these rights, and the Government respects them in practice.

No formal government policy toward refugee or asylum requests exists. The issue of the provision of first asylum did not arise. There were no reports of forced expulsion of anyone having a valid claim to refugee status; however, government practice remains undefined.

3. Respect for Political Rights: The Right of Citizens to Change Their Government

Citizens have the right to change their government through regularly scheduled free and fair elections. St. Vincent has a long history of multiparty parliamentary democracy. During the June 1998 election, the ruling New Democratic Party won a slim 1-seat majority (8 of 15) in Parliament, despite losing the popular vote by a 55 to 45 percent margin to the opposition Unity Labour Party (ULP). Calling this outcome an "overt manifestation of rejection by the public" of Prime Minister Mitchell's Government, the ULP made claims of election fraud and demanded new elections.

The Prime Minister refused the ULP demand and instead proposed a constitutional review to consider possible amendments, such as a provision for proportional representation. Lingering dissatisfaction led to thousands of persons participating in rallies and strikes in April and May calling for the Prime Minister's resignation. A rally by the Organization in Defense of Democracy, comprised of leading private and public sector unions, said new elections should be held immediately and threatened "a total shutdown of the country" on May 3. After mediation by regional figures, the Prime Minister and his ruling NDP signed a six-point agreement known as the Grand Beach Accord, which confirmed that the Prime Minister would resign by January 2001 and call early elections before March 31, 2001. On October 27, Mitchell resigned and was replaced by Arnhim Eustace, an NDP parliamentarian. In November leaders of the three political parties signed a "Code of Conduct" intended to govern the campaign period. It includes a pledge of equal time on local radio and other electronic media and an agreement not to incite or encourage violence.

There are no legal impediments to women's full participation in politics or government; however, they are underrepresented. There is only one woman in Parliament, as a member of the opposition.

Opposition political groups and the Vincentian press often comment on human rights matters of local concern. The St. Vincent and the Grenadines Human Rights Association (SVGHRA) monitors government and police activities, especially with respect to treatment of prisoners, publicizing any cases of abuse. The Government generally is responsive to public and private inquiries about its human rights practices.

5. Discrimination Based on Race, Sex, Religion, Disability, Language, or Social Status

The Constitution provides for equal treatment under the law regardless of race, sex, or religion, and the Government adheres to this provision.

Women

Violence against women, particularly domestic violence, remains a major problem. The Government took legislative steps to address this problem through the Domestic Violence/Matrimonial Proceedings Act (1994) and the more accessible Domestic Violence Summary Proceedings Act (1995). Both laws provide for protective orders, as well as occupation and tenancy orders; the former only is accessible through the High Court, but the latter can be obtained without the services of a lawyer in family court. Since passage of the laws, the SVGHRA has conducted numerous seminars and workshops throughout the country to familiarize citizens with their rights under these acts. Increasing numbers of women are coming forward with domestic violence complaints.

Depending on the magnitude of the offense and the age of the victim, the punishment for rape is generally 10 or more years in prison.

A 1995 amendment to the Child Support Law allows for payments ordered by the courts, even when notice of an appeal has been filed. Previously, fathers who had been ordered to pay child support could appeal decisions and not pay while the appeal was being heard. This resulted in a huge backlog of appeal cases and effectively reduced the number of mothers and children receiving support payments. There is a family court in the capital city of Kingstown with one magistrate. According to the SVGHRA, because there is only one bailiff to service all the country, summonses often are not served on time for cases to be heard as scheduled in court.

The Ministry of Education, Women's Affairs, and Culture has a women's desk that assists the National Council of Women with seminars, training programs, and public relations. The minimum wage law specifies that women should receive equal pay for equal work.

Marion House, a social services agency established by the Catholic Church in 1989 and staffed by four trained counselors and three foreign volunteers, provides counseling and therapy services.

Children

Education is not compulsory, but the Government states that it investigates cases in which children are withdrawn from school before the age of 16. Although the Government has played a more prominent role in legislating health and welfare standards since independence, the infant mortality rate is still very high. One underlying cause is the large number of children born to teenage mothers.

The Domestic Violence Summary Proceedings Act provides a limited legal framework for the protection of children. Nevertheless, reports of child abuse remain high and are on the increase. The Social Welfare Office is the government agency responsible for monitoring and protecting the welfare of children. The police are the enforcement arm; the Social Welfare Office refers all reports of child abuse to the police for action.

People With Disabilities

There is no specific legislation addressing persons with disabilities, and the circumstances for disabled individuals are generally difficult. Most severely disabled persons rarely leave their homes because of the poor road system and lack of affordable wheelchairs. The Government partially supports a school for the disabled which has two branches. A separate, small rehabilitation center treats about five persons daily.

6. Worker Rights

a. The Right of Association

The Constitution provides citizens the right to form unions and to organize employees, and the Trade Unions and Trade Disputes Act allows the right to strike. Employers often ignore the constitutional provisions that provide for union rights, and claim that they have a constitutional right not to recognize a trade union. However, some employers seek a good industrial relations environment and cooperate with trade unions.

In April and May, thousands of persons, including members of leading private and public sector unions, participated in rallies and strikes calling for the Prime Minister's resignation (see Section 3). Other than these, there were no major strikes during the year.

St. Vincent and the Grenadines joined the International Labor Organization in 1997 and assumed all its obligations for enforcement of labor standards.

Unions have the right to affiliate with international bodies.

b. The Right to Organize and Bargain Collectively

There are no legal obstacles to organizing unions; however, no law requires employers to recognize a particular union as an exclusive bargaining agent. Some companies offer packages of benefits with terms of employment better than, or comparable to, what a union normally can obtain through negotiations. The law prohibits antiunion discrimination by employers. Generally effective mechanisms exist for resolving complaints. The authorities may order employers found guilty of antiunion discrimination for firing workers without cause (including for participation in union activities) to reinstate the workers or give them severance pay.

According to press reports in August and September, seven workers at the East Caribbean Group of Companies (ECGC – an agricultural manufacturing concern) – six of whom were executive members of a newly formed, government-registered ECGC Workers Union – were fired for "undisclosed reasons" following a 2-day sick-out. Shortly thereafter, Labor Minister Jerry Scott intervened in an attempt to resolve the matter, but the ECGC board refused to reinstate the workers. Instead, they provided fired workers with a severance package that included a statement that these workers had conspired to close down the company.

There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor

The Government prohibits forced or compulsory labor, and it is not known to occur. The Government does not prohibit specifically forced or bonded labor by children, but there were no reports that it occurred.

d. Status of Child Labor Practices and Minimum Age for Employment

The law sets the minimum working age at 16 years of age, although a worker must be 18 years of age to receive a national insurance card. The labor inspection office of the Ministry of Labor monitors and enforces this provision, and employers generally respect it in practice. The age of leaving school at the primary level is 15 years; when these pupils leave school, they usually are absorbed into the labor market disguised as apprentices. There is no known child labor except for children working on family-owned banana plantations, particularly during harvest time, or in family-owned cottage industries. The Government does not prohibit specifically forced or bonded labor by children, but there were no reports that it occurred (see Section 6.c.).

e. Acceptable Conditions of Work

The law sets minimum wages, which were last promulgated in 1989. They vary by sector and type of work and are specified for several skilled categories, including attendants, packers, cleaners, porters, watchmen, and clerks. In agriculture the wage for workers provided shelter is $0.82 (EC$2.25) per hour; skilled industrial workers earn $7.36 (EC$20) per day, and unskilled workers earn $3.68 (EC$10) per day. In many sectors the minimum wage is not sufficient to provide a decent standard of living for a worker and family, but most workers earn more than the minimum. The Wages Council, according to law, should meet every 2 years to review the minimum wage, but it has not met since 1989.

There is no legislation concerning the length of the workweek; however, the general practice is to work 40 hours in 5 days. The law provides workers a minimum annual vacation of 2 weeks.

According to the Ministry of Labor, legislation concerning occupational safety and health is outdated. The most recent legislation, the Factories Act of 1955, has some regulations concerning only factories, but enforcement of these regulations is ineffective. Workers enjoy a reasonably safe working environment; however, the trade unions have dealt with some violations relating to safety gear, long overtime hours, and the safety of machinery. There were some reports of significant visual deficiency by visual display unit workers, and some reports of hearing impairment by power station and stone crushing employees. It was not clear under present legislation whether workers have the right to remove themselves from work situations that endanger health or safety without jeopardy to their continued employment.

f. Trafficking in Persons

There are no laws specifically addressing trafficking in persons. There were no reports that persons were trafficked to, from, within, or through the country.